1996 (2) TMI 409 - SC - VAT and Sales Tax

Whether the sale should be deemed to have taken place at the end of the period stipulated in the agreement or on the date when the hirer actually exercised the option to purchase after paying the full price? Held that - Appeal allowed. It cannot be said that merely because the hire-purchase agreement stipulates a particular period for the total payment of the consideration and for the purchaser to exercise the option to purchase at the end of the said period, the sale does not take place at the end of that period willynilly. There may be cases where the hirer may default in paying the amount within the stipulated period, he may ask for extension and the dealer may grant the extension. In such cases, the sale obviously takes place only when the purchaser exercises the option to purchase after fully paying the agreed amount.

Summary

Issues:
1. Valuation of vehicles under hire-purchase agreements for sales tax assessment.
2. Determination of the date of sale in hire-purchase transactions.
3. Rate of depreciation for valuation of vehicles.
4. Consideration of extensions in hire-purchase agreements for assessment.
5. Assessment of rebate amount in turnover for sales tax.

Valuation of Vehicles under Hire-Purchase Agreements:
The case involved the valuation of vehicles under hire-purchase agreements for sales tax assessment. The Supreme Court clarified that the sale in a hire-purchase agreement occurs when the hirer exercises the option to purchase after fulfilling the terms. The Court emphasized that the sale takes place only when the option is exercised by the intending purchaser after fulfilling all terms of the agreement. It was held that the hire-purchase agreement comprises elements of bailment and sale, with the sale fructifying upon the exercise of the option by the hirer. The Court reiterated that the sale attracts sales tax only upon its occurrence.

Date of Sale in Hire-Purchase Transactions:
Regarding the determination of the date of sale in hire-purchase transactions, the Court emphasized that the sale takes place when the hirer exercises the option to purchase after fulfilling the terms of the agreement. The Court rejected the notion that the sale automatically occurs at the end of the period stipulated in the agreement, emphasizing that the sale is contingent upon the hirer's exercise of the purchase option.

Rate of Depreciation:
The issue of the rate of depreciation for valuation of vehicles was also addressed. The Sales Tax Officer had proposed a depreciation rate of twelve percent per annum, which the appellant contested as arbitrary. The Full Bench declined to consider the appellant's argument, stating that no material was presented to prove the rate's arbitrariness. The Court refrained from delving into this matter further, indicating that the appellant could challenge the rate in an appeal against the assessment order.

Consideration of Extensions in Hire-Purchase Agreements:
The case also involved the consideration of extensions in hire-purchase agreements for assessment purposes. The appellant argued that extended periods in agreements should be factored into the depreciation calculation. The Sales Tax Officer had initially disregarded extensions, but upon reevaluation, accepted extended periods where applicable. The Court emphasized that the sale occurs when the hirer exercises the purchase option, considering any extensions granted by the dealer.

Assessment of Rebate Amount:
A minor issue arose regarding the exclusion of rebate amount from turnover for sales tax assessment. Due to the insignificance of the amount involved, the Court refrained from expressing an opinion on this matter, leaving it open for future consideration.

In conclusion, the Supreme Court set aside the Full Bench's judgment on the date of sale issue, affirming the assessment order dated July 16, 1976. The Court allowed the appellant to appeal the rate of depreciation determination and left the question of rebate exclusion from turnover open. The appeal was disposed of with these directions, and no costs were awarded.